Minister for Transport and Unions [2008] NSWIRComm 199 (17 October 2008)

Last Updated: 24 October 2008

NEW SOUTH WALES INDUSTRIAL RELATIONS COMMISSION

CITATION :
Minister for Transport and Unions [2008] NSWIRComm 199



FILE NUMBER(S):
IRC 1164

HEARING DATE(S):
17 October 2008

DATE OF JUDGMENT:
17 October 2008

PARTIES:
APPLICANT
Minister for Transport
RailCorp

RESPONDENT
Unions NSW

CORAM:
Sams DP


CATCHWORDS: Statement of the Commission - Industrial dispute - railway maintanance depots - ongoing negotiations on workplace reform - agreement to benchmark against best practice - timeframes agreed - agreement noted and parties congratulated.

LEGAL REPRESENTATIVES
APPLICANT
Mr A Kececi
RailCorp
RESPONDENT
Mr M Thistlethwaite
Unions NSW

CASES CITED:


LEGISLATION CITED:



TEXTS CITED:




JUDGMENT:

- 3 -

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

CORAM: SAMS DP

17 October 2008

Matter IRC07/1164

Notification under section 130 by Minister for Transport of a dispute with unions re: a range of issues at RailCorp

STATEMENT

[2008] NSWIRComm 199

1 The Commission today resumed conciliation proceedings in a dispute between RailCorp and Rail Unions, represented by Unions NSW, concerning ongoing reform issues in New South Wales rail maintenance depots. The dispute was re-listed at RailCorp's request. Representatives of the Minister and the Premier's Department were in attendance. Mr Kececi, for RailCorp, submitted that RailCorp wished to reactivate negotiations on two central issues identified by the Clark Report as fundamental to railway maintenance reform; firstly, the requirement for a new classification structure with appropriate retraining opportunities for existing employees, and secondly, RailCorp's need to have a more flexible arrangement in respect to its use of contractors.

2 Mr Thistlethwaite, for Unions NSW, said the Unions had met yesterday and decided that they would continue to work towards maintaining Government ownership of railway maintenance. To this end, the Unions had agreed that they would be willing to enter into negotiations over a reform package, consistent with best practice within the industry, including existing competitors in the private sector, for example EDI, Qld Rail and Maintrain (companies which would presumably be interested if RailCorp's maintenance operations were to be privatised). An appropriate redundancy package was still a priority for employees who were unable to be accommodated in any new structure. To progress the matter, the Unions proposed that the parties agree on the engagement of an external consultant to develop a skills matrix modelled on best practice in the industry. RailCorp indicated a willingness to move the matter forward on this basis, but with appropriate timeframes to be put in place.

3 The Commission expressed the view that the proposal now put by the Unions represented a significant and welcome advance in their position than had hitherto been the case and was a positive sign of the Unions' willingness to move positively on workplace reform. After further conferences between the parties, the Commission records below the following agreement now reached.

1. Benchmarking against NSW rail industry private sector to establish an appropriate classification structure and work practices to deliver the skills and flexibility across trade and non-trade streams to meet RailCorp rollingstock maintenance business needs

This benchmarking will include the line management structure and the use of contractors.

2. The benchmarking will be done through the appointment of an external independent person appointed by Government who will undertake the analysis in point 1 within two weeks

Milestones / Timeframes

1. 2 weeks - interim report

2. 1 week - final report

3. Implementation

- 2 weeks - implementation plan

- 1 week - union consultation on implementation plan

- 1 week - staff briefing

4. Training to commence no later than 31 March 2009.

4 The Commission congratulates the parties on this agreement. I believe it will serve as a positive step in achieving the necessary workplace reforms consistent with the Government's and RailCorp's overall objective to ensure efficient, safer, cleaner and more reliable services for RailCorp's customers, while at the same time improving the job security, job satisfaction and skills of RailCorp's maintenance employees.

5 The proceedings were adjourned with liberty to apply available at short notice to both parties. The Commission will receive a progress report in due course upon application or on the Commission's own initiative.

Peter J Sams, AM
Deputy President



LAST UPDATED:
17 October 2008